The U.S. Department of Justice, Immigration and Naturalization Service, administers federal statutory requirements and regulations which require that employers verify that any persons hired as employees or to perform services, that its workers are eligible to work in the United States. Presently, to assure that employers adequately verify eligibility to work in the United States, federal regulations require that employers complete a U.S. Department of Justice, Immigration and Naturalization Service, Form I-9 document. Completion of the Form I-9 requires that employers inspect various ones of specified documents, which requires that employers review originals of the documents and not reproductions of the documents, to determine the employee's eligibility to work in the United States. If an employer does not perform the procedure outlined in the Form I-9, and accurately complete the Form I-9, such employer is subject to civil penalties and persons completing such forms on behalf of the employer may also be subject to criminal penalties for not complying with the eligibility verification requirements under United States immigration law.
Accurately verifying employment eligibility and successfully completing the U.S. Department of Justice, Immigration and Naturalization Service's Form I-9 to verify employment eligibility requires that each employer train at least one person who develops the requisite expertise and familiarity with verification requirements to accurately complete such forms. Employers will also have to monitor previously completed Form I-9's to determine that new Form I-9's are completed prior to expiration the documents used to verify the employees' eligibility to work in the United States. Industry wide, across the United States, this creates a large financial burden for various companies to adequately assure that their personnel are appropriately trained to meet and maintain such compliance requirements, and often, once trained, such trained persons are subject to turnover. Additionally, as employment eligibility requirements change, such persons will have to keep current on any regulatory changes and implement any changes in regulatory requirements into the employment eligibility program of each particular employer in the United States.